Matrimonial and Appellate Attorney
Going through divorce is difficult enough and choosing the right divorce attorney is one of the most important decisions you will make. Your decisions during your divorce will impact the rest of your life. Even after a divorce is finalized, either spouse has the right to appeal the judgment, challenge the stipulation of settlement, or seek a modification of support. You need straight answers and a lawyer with the experience and skills to obtain the solution that is right for you.
Matrimonial Appeals Attorney
If your divorce cannot be settled and a trial is necessary, the judgment can be appealed. A experienced appeals attorney will be able to craft a strong appeal which will focus on errors in the application of the law by citing relevant statutes and case law. The appellate brief using the record on appeal should effectively show where the court incorrectly divided marital property, incorrectly determined spousal support, or made a wrong determination of child support.
Foreclosure Defense Lawyer
Many times divorces go hand in hand with foreclosures, and a qualified foreclosure attorney who is well versed in foreclosure law can identify those times when it is possible to increase the size of the marital estate when a foreclosure may be stopped. Since 2010, J. Douglas Barics has been providing representation to individuals in need of a foreclosure defense.
If you or someone you know needs an attorney, feel free to reach out and ask for help.
At both trial and appellate level, you are provided with an experienced divorce lawyer. With extensive experience in equitable distribution, custody, child support and maintenance, you will be provided with assistance every step of the way. While the vast majority of matrimonial cases wind up settling, a fair family law agreement can only occur when both parties negotiate in good faith and both are on equal footing. You will be advised how to protect your rights, no matter how complex your case may be.
Appeals and appellate litigation requires a very different set of skills. For every appeal you need to know how to spot the reversible errors and which arguments are most likely to succeed. For over two decades, the appellate practice has focused on individuals who face complex issues. Many clients seek our assistance for the first time on an appeal who need relief from an unjust order, or to defend against an appeal. Whatever the setting, you are provided with the knowledge and skill to protect your interests, no matter how complex the issues are in the appeal.
In order to foreclose on a home in New York, a judgment of foreclosure must be obtained. This means the lender must bring an action to foreclose in Supreme Court. In order to prevail, the lender must meet numerous requirements, and homeowners may have additional protection as well. If the lender cannot meet all requirements mandated by law, the entire foreclosure can be dismissed. Under some circumstances, the lender may be required to reimburse the legal fees of the homeowner if the homeowner prevails.
An estate is a legal entity which is created to hold property and assets of a deceased individual whose property does not otherwise pass to others. When someone dies with a will, the will is probated and a testator is appointed to manage the estate. When there is no will, the estate is administered, and an administrator is appointed to manage the estate.
When property is owned by two or more people, each owner has a right to force a sale of the property. When¬† owners cannot agree to dispose of jointly held property, any one can request a court partition the property into individual lots, or if that is not possible, compel a sale by court order. In simple terms, people cannot be compelled to own property with someone else.
A constructive trust is an equitable remedy to prevent one person from becoming unjustly enriched when he or she is holding property or assets on behalf of another person and refuses to give it back. Constructive trusts can be brought as a separate action or combined with a matrimonial action as a separate cause of action. They are extremely useful if equitable distribution does not apply.
I spoke with three other lawyers and was told I had a complicated case that would be very expensive. I called Mr. Barics and he spent a lot of time listening and gave me a lot of information over the phone without charging me, which was a pleasant surprise. When we met in person, he answered all my questions. I hired Mr. Barics expecting my case to cost over $10,000. With his help, I was able to reach an agreement with my ex husband without going to court for only $2,500. THANK YOU SO MUCH!
I am very grateful to Mr. Barics who is a fantastic lawyer, for his extraordinary level of service. Situations like mine are never easy, but Mr. Barics proved himself to be an outstanding lawyer in my divorce. He knows the law, he knew my case, and had excellent instincts. I strongly recommend the Law Office of J. Douglas Barics.
I hired Doug Barics during a time that was incredibly difficult for me. He was very patient and understanding. He kept guiding me back to what I needed to focus on and his kindness kept me going. One meeting in particular was very emotional for me. When Doug said there was no charge it made me realize he understood what I was going through and that he would not take advantage of me. Doug is a great lawyer and a superb human being. I would absolutely refer him to anyone who needs an attorney.
Divorce and Appeal Resources
The following resources are provided by J. Douglas Barics. All articles are written exclusively by Mr. Barics. Each article references controlling¬† statutes and case law, which is also provided for review. These articles are provided for information only and are not a substitute for legal advice.
Mr. Barics represents individuals in matrimonial and family law matters in both trials and appeals.
For Attorneys:¬† Mr. Barics is also retained to be appellate counsel by counsel, and as a consultant on complex legal issues. New attorneys are welcome to contact Mr. Barics as well on any matter in which they need guidance.
Many cases and articles refer to various statutes. Select provisions of the Domestic Relations Law and the CPLR are presented here to allow for better understanding of the law. Rules for Appellate Practice are available as well.
Select cases are presented here for review. Cases are organized by topic - appellate procedure, equitable distribution, custody, child support and more. An understanding of fundamental case law is helpful in understanding how statutes are interpreted. Cases law is ever evolving as new fact patters not previously covered are litigated and decided.